Tag: foreclosure

April 25-26, 2024, opinions

April 29, 2024

Designated for publication per curiam (Elrod, Willett, Duncan), criminal, restitution Vacating $6,000 restitution award issued as part of sentence on conviction of production of child pornography, on holding that PSR cited inapplicable statutes and failed to conduct a proximate-cause analysis; and remanding for further proceedings. Smith, J. (Higginbotham, Smith, Higginson), criminal, competence, sentencing Affirming conviction … More April 25-26, 2024, opinions

April 12-15, 2024, opinions

April 16, 2024

Designated for publication Stewart, J. (Richman, Stewart, Dennis), habeas corpus Affirming district court’s dismissal of second-in-time § 2254 petition as a successive habeas petition, rejecting argument that the fact that the appeal of the denial of the petitioner’s first-in-time § 2254 petition was still pending made his second-in-time petition merely an amendment of the first-in-time … More April 12-15, 2024, opinions

March 18, 2024, opinions

March 19, 2024

Designated for publication Higginson, J. (Smith, Southwick, Higginson), insurance Reversing district court’s judgment denying declaratory relief to insurer that argued that the Louisiana Oilfield Anti-Indemnity Act invalidated coverage for contracts by insured to engage in “drill-and-blast” salt mining, under the Act’s applicability to activities comprising “drilling for minerals.” District court had not reached that question, … More March 18, 2024, opinions

March 7, 2024, opinions

March 8, 2024

Designated for publication Stewart, J. (Jones, Stewart, Duncan), labor law Denying in part and granting in part petition for review of NLRB decision that the petitioner’s RN Case Managers are not NLRA-exempt supervisors and that the petitioner violated the NLRA by creating an impermissible oral workplace rule, threatening employees who exercised protected activity, interrogating staff … More March 7, 2024, opinions

March 5, 2024, opinions

March 6, 2024

Designated for publication Southwick, J. (Davis, Southwick, Ho), breach of contract Affirming summary judgment in favor of defendant on statute of frauds grounds, in claims arising from alleged breach of agreement to form limited liability company with defendant and plaintiff as co-owners rather than with defendant as sole owner. The Court held that the oral … More March 5, 2024, opinions

February 8, 2024, opinions

February 9, 2024

Designated for publication Southwick, J. (Southwick, Haynes, Higginson), Higginson, J., dissenting, sec. 1983, standing On holding that plaintiff lacked standing, vacating district court’s judgment that plaintiff–incarcerated capital inmate–had shown that a provision of Texas’s DNA testing statute was unconstitutional and that he was entitled to DNA testing, and remanding for dismissal of action for lack … More February 8, 2024, opinions

December 5, 2023, opinions

December 6, 2023

Designated for publication Higginbotham, J. (Higginbotham, Smith, Elrod), Smith, J., dissenting; criminal, sentencing, Armed Career Criminal Act, habeas corpus On defendant’s § 2255 motion, vacating sentence on conviction of possession of a firearm by a felon, and remanding for resentencing without the ACCA enhancement. On a 2011 charge for possession of a firearm by a … More December 5, 2023, opinions

November 17, 2023, opinions

November 20, 2023

Designated for publication Clement, J. (Clement, Haynes, Oldham), Haynes, J., dissenting; qualified immunity Reversing denial of qualified immunity for officer defendant arising from fatal shooting of suspect armed with a handgun equipped with a high-capacity ammunition extension, and rendering judgment dismissing excessive force claims brought by suspect’s survivors. The Court held, “We therefore conclude that, … More November 17, 2023, opinions

October 13, 2023, opinions

October 16, 2023

Designated for publication Smith, J. (Smith, Southwick, Higginson), criminal, expert witness Affirming conviction of sex trafficking of a child, upholding introduction of evidence pulled from defendant’s cell phone using Cellebrite technology without the investigator through whose testimony the evidence was submitted being first qualified as an expert witness. The Court rejected the defendant’s argument that … More October 13, 2023, opinions

October 12, 2023, opinions

October 13, 2023

Designated for publication Duncan, J. (Wiener, Southwick, Duncan), First Amendment Vacating preliminary injunction against enforcement of city ordinance regulating aspects of operations, including business hours, of sexually-oriented businesses, and remanding for further proceedings. The Court summarized, “Under longstanding Supreme Court precedent, the Ordinance is likely constitutional. The City’s evidence reasonably showed a link between SOBs’ … More October 12, 2023, opinions